(JUROR NUMBER 13 RAISED HER HAND.)
THE COURT: DO YOU HAVE TO GO ALREADY?

JUROR NUMBER 13: NO. I’M KIND OF SHAKEN UP FOR WHAT HAPPENED.

THE COURT: JUST A MINUTE. LET ME COMMENT ON THAT.

LADIES AND GENTLEMEN, ONE OF THE FINER CITIZENS OF SAN DIEGO HAS SEEN FIT TO COME TO THIS COURTHOUSE AND APPARENTLY IN SOME FORM OR SOME EFFORT PROTEST, MAKE THEIR OPINIONS KNOWN. THAT WAS INTENTIONAL AND IT WAS DONE IN FRONT OF YOU INTENTIONALLY.

LADIES AND GENTLEMEN, THE ONLY THING I CAN TELL YOU IS IT HAS ABSOLUTELY NOTHING TO DO, NUMBER ONE, WITH THE JOB YOU HAVE. NUMBER TWO, IT HAS NOTHING TO DO WITH THE LAWYERS ON EITHER SIDE OF THIS. AND NUMBER THREE, IT HAS NOTHING TO DO WITH THE EVIDENCE. IT IS JUST ONE MORE FORM OF THE KINDS OF PUBLICITY OR BIAS THAT YOU HAVE BEEN SELECTED TO OVERCOME.
SO EVERYBODY TAKE A DEEP BREATH, SIT BACK, AND RELAX. AND WE’RE GOING TO DO EVERYTHING WE CAN TO INSURE THAT THIS IS NOT REPEATED.

MR. DUSEK. OH. I’M SORRY. MR. FELDMAN. LOST TRACK OF WHERE WE WERE IN THE PROCESS THERE.

MR. FELDMAN: THANK YOU, YOUR HONOR.

/ / /
/ / /
/ / /
/ / /
BRENDA VAN DAM, RESUMED

CROSS-EXAMINATION, CONTINUED
BY MR. FELDMAN:

Q: I’LL DO THE BEST I CAN TO STAY CHRONOLOGICAL, WHICH MEANS SEQUENTIAL, BUT — AND I WILL LET YOU KNOW IF I’M CHANGING SUBJECTS ON YOU. OKAY? SO AT LEAST WE CAN COMMUNICATE.

A: OKAY.

Q: I WANT TO DIRECT YOUR ATTENTION FIRST TO THE 25TH OF JANUARY. ON THE 25TH OF JANUARY WHAT PLANS DID YOU HAVE, MA’AMA: I HAD —

Q: THIS IS THE FRIDAY PRECEDING. IT’S WHERE MR. DUSEK TOOK YOU.

A: YES.

Q: THE DAY BEFORE YOU GO TO DAD’S I DON’T KNOW FOR THE FIRST, SECOND, THIRD, OR FOURTH TIME, BUT THE FIRST TIME IN OUR CASE WITH BRENDA AND DENISE. I SAID BRENDA. I’M SORRY. BARBARA. TRACKING ME? I’M JUST TRYING TO GET YOU FOCUSED ON —

A: I KNOW WHERE YOU ARE AT.

Q: WHAT WAS YOUR PURPOSE GOING TO DAD’S FOR THAT NIGHT?

A: WE WERE GOING FOR GIRLS’ NIGHT OUT BECAUSE DENISE WAS MOVING.

Q: YOU HAD OTHER GIRLS’ NIGHTS OUT, HAD YOU NOT?

MR. DUSEK: OBJECTION. IRRELEVANT. BEYOND THE SCOPE. 352.

THE COURT: OVERRULED.

YOU CAN ANSWER.

THE WITNESS: I HAD A COUPLE.

BY MR. FELDMAN:

Q: WHEN YOU SAY A COUPLE, WHAT NUMBER COMES TO MIND?

A: MAYBE TWO OR THREE.

Q: WITH REGARD TO THE FIRST OF THE THREE, WHEN WAS THAT, MA’AM?

A: GOSH. THE FIRST ONE WAS WHEN I WENT PAINTING WITH DENISE TO CERAMIC CAFE.

Q: I’M SORRY. ON THAT DATE WAS THAT THE DATE THAT YOU MET BARBARA EASTON FOR THE FIRST TIME?

A: YES.

Q: SO ULTIMATELY THE DAY THAT YOU WENT TO THE CERAMIC CAFE, YOU ACTUALLY ENDED UP AT DAD’S, DID YOU NOT?

A: YES, WE DID.

Q: AND AT DAD’S DENISE INTRODUCED YOU TO BARBARA EASTON, IS THAT CORRECT?

A: NO.

Q: DO YOU RECALL HAVING A CONVERSATION WITH A DETECTIVE NAMED HOWARD LABORE?

A: YES.

Q: DO YOU RECALL THAT THAT CONVERSATION WAS ONE OF MANY YOU HAD HAD WITH LAW ENFORCEMENT?

A: YES.

Q: DO YOU RECALL THAT THAT WAS ONE OF THE LATER CONVERSATIONS WHICH YOU HAD WITH LAW ENFORCEMENT?

A: YES.

Q: DO YOU RECALL TELLING DETECTIVE LABORE OR ANY DETECTIVE AT ANY TIME THAT IT WAS DENISE WHO INTRODUCED YOU TO BARBARA?

A: SHE DID.

Q: WHEN WAS THAT?

A: WE ACTUALLY WENT TO DINNER FIRST THAT NIGHT. I MET BARBARA WHEN DENISE CAME TO MY HOME.

Q: I’M SORRY. WHEN DID — YOU MET BARBARA WHEN DENISE CAME TO YOUR HOME. WHEN WAS THAT, MA’AM, PLEASE?

A: THE NIGHT THAT WE WENT TO CERAMIC CAFE.

Q: SO ARE YOU TELLING ME THAT YOU — HOW IS IT THAT BARBARA GOT TO YOUR HOUSE?

A: DENISE BROUGHT HER.

Q: OKAY.

AND DID YOU HAVE CONVERSATIONS WITH DENISE AND BARBARA THAT EVENING?

A: YES.

Q: AND THAT WAS THE FIRST TIME YOU MET DENISE AND BARBARA, CORRECT? I’M SORRY. BARBARA.

A: NO.

Q: YOU PREVIOUSLY MET BARBARA?

A: YOU ASKED ME IF I HAD MET DENISE AND BARBARA. I KNEW DENISE ALREADY.Q: THAT WAS THE FIRST TIME, THE NIGHT OF THE DAY, WHATEVER, THE EVENING OF THE CERAMIC CAFE WAS THE FIRST TIME YOU HAD BEEN TOGETHER WITH DENISE AND BARBARA?

A: YES.

Q: AND THAT WAS AT YOUR HOUSE?

A: YES.

Q: AND DENISE BROUGHT BARBARA TO YOUR HOUSE?

A: YES. TO PICK ME UP.

Q: AND WHEN SHE PICKED YOU UP, YOU THEN WENT TO THE CERAMIC CAFE OR YOU WENT OUT TO DINNER?

A: WE WENT TO DINNER FIRST.

Q: AND THEN YOU WENT —

A: TO THE CERAMIC CAFE.

Q: WAS IT ANOTHER OCCASION THAT YOU HAD GONE TO DAD’S WITH BARBARA AND DENISE?

A: THAT WAS THE FIRST NIGHT.

Q: I’M SORRY. THE FIRST NIGHT MEANING THE NIGHT OF THE CERAMIC CAFE?

A: YES.

Q: AND APPROXIMATELY WHEN WAS THAT, MA’AM?

A: IN AUGUST OF 2001.Q: SO THE FIRST TIME YOU MET BARBARA WAS IN AUGUST OF 2001?

A: YES.

(DISCUSSION OFF THE RECORD BETWEEN MR. FELDMAN
AND MR. BOYCE.)
BY MR. FELDMAN:

Q: IN OCTOBER OF 2001 DID YOU HAVE A PARTY?

MR. DUSEK: OBJECTION. IRRELEVANT. 352.

THE COURT: AT THIS POINT IN TIME SUSTAINED.

YOU CAN LAY THE FOUNDATION IN ANOTHER WAY, MR. FELDMAN.

BY MR. FELDMAN:

Q: DIRECTING YOUR ATTENTION TO HALLOWEEN OF 2001. DO YOU HAVE THAT DATE IN MIND, MA’AM?

A: YES.

Q: YOU AND YOUR HUSBAND WOULD HAVE PARTIES, ISN’T THAT CORRECT, ON HALLOWEEN?

MR. DUSEK: OBJECTION, YOUR HONOR. 352. IT’S THE WRONG YEAR.

THE COURT: GET THE RIGHT YEAR.

MR. FELDMAN: THERE WAS A STATEMENT —

THE COURT: YOU CAN CLARIFY IT WITH THIS WITNESS BY GIVING YOU THE YEAR, THEN.

MR. FELDMAN: I’M JUST TRYING TO UNDERSTAND THE COURT.

THE COURT: I UNDERSTAND.

MR. FELDMAN: OKAY.

BY MR. FELDMAN:

Q: YOU TOLD US ON DIRECT EXAMINATION IN RESPONSE TO ONE OF MR. DUSEK’S QUESTIONS THAT YOU, QUOTE, HAD NEVER, END QUOTE, HAD A SEX PARTY AT YOUR HOUSE. DO YOU RECALL THAT ANSWER?

A: YES.

Q: NOW I WOULD LIKE TO DIRECT YOUR ATTENTION, MA’AM, TO HALLOWEEN OF 2001.

A: OKAY.

Q: HALLOWEEN OF 2001 YOU HAD A PARTY AT YOUR HOUSE, DID YOU NOT?

A: YES.

Q: PRESENT AT THAT PARTY WAS BARBARA EASTON, CORRECT?

A: YES.

Q: SKIP BRAUBERGER, CORRECT?

A: YES.

Q: DENISE KEMEL.

A: YES.

Q: AND DENISE’ HUSBAND ANDY.

A: YES.

Q: THE PARTY WAS RISQUE, WAS IT NOT?

MR. DUSEK: OBJECTION. VAGUE AS TO MEANING.

THE COURT: OVERRULED.

YOU MAY ANSWER.

THE WITNESS: NO.

BY MR. FELDMAN:

Q: WAS THERE ALCOHOL AT THE PARTY, MA’AM?

A: YES.

Q: DID YOU HAVE ANYTHING TO DRINK THAT NIGHT?

MR. DUSEK: OBJECTION. IRRELEVANT, YOUR HONOR, IF IT’S TO IMPEACH THIS STATEMENT.
THE COURT: LET’S JUST GET TO THE STATEMENT, COUNSEL.

BY MR. FELDMAN:

Q: ISN’T IT TRUE THAT ON HALLOWEEN EVENING IN THE YEAR 2000 YOU ENGAGED IN SEX WITH DENISE AND ANDY AND BRENDON AND — I’M SORRY — AND DAMON?

A: YES.

Q: SO WHEN YOU TOLD MR. DUSEK THAT YOU HAD NEVER HAD A SEX PARTY AT YOUR HOUSE, HAD YOU FORGOTTEN THAT?

A: I DON’T CONSIDER THAT TO BE A SEX PARTY.

Q: HAD YOU PREVIOUS TO OCTOBER, 2001, ENGAGED IN CONSENTUAL SEX WITH ANOTHER PERSON OTHER THAN YOUR HUSBAND?

MR. DUSEK: OBJECTION. IRRELEVANT. HE’S CHANGING THE YEARS.

THE COURT: SUSTAINED. SUSTAINED. SUSTAINED.

/ / /
BY MR. FELDMAN:

Q: WAS OCTOBER OF 2001 THE FIRST TIME YOU HAD SEX WITH ANDY?

MR. DUSEK: OBJECTION. IRRELEVANT.

THE COURT: SUSTAINED.

BY MR. FELDMAN:

Q: WAS OCTOBER, 2001, THE FIRST TIME YOU HAD SEX WITH DENISE?

A: YOU NEED TO REPEAT THAT QUESTION. YOU HAVE THE DATES WRONG.

Q: OKAY. I’M SORRY.

WHAT DATE WAS IT THAT WAS THE FIRST TIME YOU HAD SEX WITH DENISE?

A: I HAVE NEVER — WHAT IS HE —

Q: OKAY.

HAVE YOU HAD SEX WITH BARBARA EASTON BEFORE?

A: NO.

Q: ISN’T IT TRUE YOU TOLD DETECTIVE LABORE THAT YOU HAD IN FACT ENGAGED IN CONSENTUAL SEXUAL BEHAVIOR WITH DENISE?

A: YES.

Q: AND YOU WEREN’T LYING TO DETECTIVE LABORE, WERE YOU?

A: NO.

Q: WHEN WAS IT THAT YOU HAD CONSENTUAL SEXUAL RELATIONSHIPS WITH DENISE ABOUT WHICH YOU SPOKE TO DETECTIVE LABORE?

A: IT WAS OCTOBER OF 2000.

Q: BETWEEN OCTOBER OF 2000 AND OCTOBER OF 2002, HOW MANY DIFFERENT TIMES, IF ANY, DID YOU ENGAGE IN CONSENTUAL SEX WITH DENISE?

A: NONE.

Q: HOW MANY DIFFERENT TIMES, IF ANY, BETWEEN OCTOBER, 2000, AND OCTOBER, 2002, DID YOU ENGAGE IN CONSENTUAL SEX WITH BARBARA?

A: NONE.

THE COURT: THIS IS JUNE, 2002.

MR. FELDMAN: DID I JUST MISSTATE MY DATES?
THE WITNESS: HE KEEPS DOING IT, AND IT’S CONFUSING ME.

THE COURT: OKAY.
LET’S BE VERY CAREFUL WITH DATES. OCTOBER OF 2002 HAS NOT ARRIVED.

MR. FELDMAN: WRONG OCTOBER. SORRY.

THE COURT: ALL RIGHT.

BY MR. FELDMAN:

Q: LET ME REDIRECT YOUR ATTENTION TO OCTOBER, 2001. OKAY? IN THAT TIME PERIOD DID YOU HAVE A RELATIONSHIP WITH BARBARA EASTON?

MR. DUSEK: OBJECTION. VAGUE AS TO RELATIONSHIP.

THE COURT: SUSTAINED.

BY MR. FELDMAN:

Q: DID YOU HAVE A SEXUAL RELATIONSHIP WITH BARBARA EASTON?

A: NO.

(DISCUSSION OFF THE RECORD BETWEEN MR. FELDMAN
AND MR. BOYCE.)
BY MR. FELDMAN:

Q: I’M GOING TO DIRECT YOU TO THE 25TH OF JANUARY. OKAY? AT THE DAD’S BAR. YOU WERE DANCING WITH THE WOMEN, IS THAT CORRECT?

A: YES.

Q: HOW MUCH HAD YOU HAD TO DRINK ON THE 25TH OF JANUARY?

A: APPROXIMATELY THREE TO FOUR DRINKS.

Q: AND THOSE THREE TO FOUR DRINKS, THEY WERE I THINK YOU TOLD US CRANBERRY AND VODKAS. IS THAT RIGHT, MA’AMA: YES.

Q: DID YOU ALSO HAVE ANY BEER?

A: NO.

Q: HOW ABOUT MULLED WINE?

A: BEFORE WE LEFT FOR DAD’S WE DID.

Q: HOW ABOUT AT DAD’S ON THE 25TH?

A: NO.Q: WERE YOU THE DESIGNATED DRIVER ON THE 25TH?

A: YES.

Q: HOW MUCH HAD THE OTHER WOMEN HAD TO DRINK ON THE 25TH, IF YOU RECALL?

A: I DON’T RECALL. I DIDN’T WATCH THEM DRINK.

Q: WELL, DID YOU WATCH THEIR BEHAVIOR?

A: YES.

Q: AS A RESULT OF YOUR OBSERVATIONS OF THEIR BEHAVIOR, WERE YOU ABLE TO FORM AN OPINION AS TO WHETHER OR NOT THEY HAD BEEN DRINKING?

A: YES.Q: AND WHAT WAS YOUR OPINIONA: DENISE DRANK A LITTLE TOO MUCH.

Q: AND WHAT BEHAVIORS DID SHE MANIFEST THAT CAUSED YOU TO FORM THE OPINION THAT DENISE DRANK TOO MUCH?

A: SHE WAS DANCING. SHE WAS JUST BEING A LITTLE ON THE WILD SIDE.

Q: WHEN YOU SAY A LITTLE ON THE WILD SIDE, COULD YOU PLEASE TELL US WHAT YOU MEAN TO COMMUNICATE.

A: SHE WAS DANCING WITH A MAN, AND THEY WERE DANCING.

Q: WELL, THERE WAS SOMETHING ABOUT THEIR DANCING THAT CAUSED YOU TO FORM THE OPINION THAT THE DANCING WAS ON THE WILD SIDE. WHAT DID YOU MEAN TO COMMUNICATE BY THAT, MA’AM?

A: NO. NOT THEIR DANCING. I DIDN’T SAY THEIR DANCING WAS ON THE WILD SIDE. I SAID DENISE WAS A LITTLE BIT ON THE WILD SIDE.

Q: WHAT WAS IT ABOUT DENISE’ BEHAVIOR THAT CAUSED YOU —

A: SHE WAS KISSING THE GUY THAT SHE WAS DANCING WITH.

Q: HAD YOU EVER MET THAT GUY BEFORE?

A: I DON’T KNOW HIM.

Q: DID YOU PARTICIPATE IN ANY OF THE DANCING ON THE 25TH WITH THAT GUY?

A: I DANCED WITH LOTS OF PEOPLE. I DON’T KNOW IF I DANCED WITH THAT GUY IN PARTICULAR.

Q: WHEN YOU SAY YOU DANCED WITH LOTS OF PEOPLE, DO YOU MEAN TO INCLUDE OTHER MEN AS WELL AS OTHER WOMEN?

A: I DON’T RECALL.

Q: SO ARE YOU SAYING YOU DON’T REMEMBER WHETHER OR NOT YOU WERE DANCING WITH MEN ON THE 25TH?

A: EXACTLY.

Q: AND IS IT THEN FAIR TO INFER YOU CAN’T SAY YOU WERE NOT, YOU JUST DON’T REMEMBER WHETHER OR NOT YOU WERE?

A: EXACTLY.

Q: SIMILARLY WITH REGARD TO WOMEN, DO YOU REMEMBER WHETHER OR NOT ON THE 25TH YOU WERE DANCING WITH THE WOMEN?

A: YES, I DID.

Q: AND DO YOU RECALL WAS THAT DANCING PROVOCATIVE?

MR. DUSEK: OBJECTION. VAGUE.

THE COURT: SUSTAINED.

BY MR. FELDMAN:

Q: WAS THAT DANCING DONE IN A MANNER TO DEMONSTRATE, CONNOTE, OR INFER SEXUAL BEHAVIORS?

MR. DUSEK: OBJECTION. STILL VAGUE.

THE COURT: OVERRULED.

YOU CAN ANSWER.

THE WITNESS: CAN YOU REPEAT THE QUESTION, PLEASE?

MR. FELDMAN: PLEASE.

THE COURT: BOB.

(THE LAST QUESTION WAS READ BY THE REPORTER.)
THE WITNESS: YES.

BY MR. FELDMAN:

Q: AND, IN FACT, YOU WERE KIND OF IN A LINE DANCING TOGETHER, ISN’T THAT TRUE?

A: YES.

Q: AND YOU WERE ALL HUGGING EACH OTHER, ISN’T THAT TRUE?

A: YES.

Q: AND WHEN YOU WERE HUGGING EACH OTHER, THAT MEANS THAT YOU WERE EMBRACING IN AN AFFECTIONATE MANNER, DOES IT NOT?

A: YES.

Q: AND THAT WAS IN A PUBLIC FORUM, CORRECT?

A: YES.

Q: THAT WAS AT DAD’S ON THE 25TH, CORRECT?

A: YES.

Q: DID YOU LATER SPEAK WITH A BARTENDER AT DAD’S CONCERNING HIS BELIEFS OR OBSERVATIONS OF THE MANNER IN WHICH YOU AND THE OTHER WOMEN WERE DANCING?

A: I DON’T RECALL.

Q: BY YOUR ANSWER YOU DON’T RECALL DO YOU MEAN TO COMMUNICATE IT DIDN’T HAPPEN OR YOU DON’T REMEMBER WHETHER OR NOT IT HAPPENED?

A: I DON’T RECALL TALKING TO THE BARTENDER.

Q: DO YOU REMEMBER THE BARTENDER’S NAME?

A: NO.

Q: DO YOU RECALL WHEN YOU WERE DANCING TOGETHER AND HUGGING EACH OTHER THAT OTHER PEOPLE WOULD JOIN IN?

A: I WASN’T WATCHING WHAT OTHER PEOPLE WERE DOING.

Q: WELL, DO YOU RECALL ONE OF THE WOMEN YOU WERE WITH COMING UP BEHIND YOU WHEN YOU WERE DANCING?

A: NO.Q: AND DO YOU RECALL HER PUTTING HER HANDS AROUND YOUR WAIST WHILE YOU WERE HUGGING OTHERS?

A: NO.

MR. FELDMAN: YOUR HONOR, I WOULD ASK TO HAVE MARKED AS COURT NEXT IN ORDER A TRANSCRIPT, A COPY OF WHICH I PROVIDED COUNSEL.

THE COURT: ALL RIGHT. IT WILL BE MARKED 38 FOR IDENTIFICATION.

MR. FELDMAN: YOUR HONOR, FOR THE RECORD I WILL DESCRIBE IT AS AN INTERVIEW BY DETECTIVE HOWARD LABORE, I’M SORRY, A TRANSCRIPT OF THE TAPE OF THE INTERVIEW OF DETECTIVE HOWARD LABORE WITH BRENDA VAN DAM ON FEBRUARY THE 7TH. IT HAS BEEN BATES STAMPED.

THE COURT: ALL RIGHT. FEBRUARY 7TH. IT WILL BE MARKED 38 FOR IDENTIFICATION.

MR. FELDMAN: THANK YOU.

(TRANSCRIPT OF TAPE-RECORDED INTERVIEW OF BRENDA
VAN DAM BY DETECTIVE HOWARD LABORE ON FEBRUARY 7, 2002,
MARKED TRIAL EXHIBIT NUMBER 38 FOR IDENTIFICATION.)
BY MR. FELDMAN:

Q: MA’AM, I’M GOING TO GIVE THIS TO YOU SO THAT YOU CAN HAVE A COPY OF IT WITH YOU.

FIRST OF ALL, YOU RECALL YOU TOLD ME ABOUT SPEAKING WITH DETECTIVE LABORE, RIGHT?

A: YES.

Q: YOU RECALL THAT THAT WAS TAPE-RECORDED, RIGHT?

A: YES.

Q: I WOULD LIKE TO DIRECT YOUR ATTENTION TO PAGE 49 OF THAT TRANSCRIPT. THE FIRST WORD AT THE TOP OF THE PAGE SHOULD BE D. H. L., COLON, DURING. ARE YOU LOOKING — IS THAT THE SAME ON YOUR COPY, TOP OF THE PAGE? IT SAYS D. H. L., COLON.

A: YES.

Q: OKAY.

COULD YOU JUST PLEASE READ THAT TO YOURSELF.

A: (THE WITNESS COMPLIED.)
OKAY.

Q: NOW, ISN’T IT TRUE, MA’AM, YOU TOLD DETECTIVE LABORE THAT WHEN YOU WERE DANCING —

MR. DUSEK: NO FOUNDATION, YOUR HONOR.

THE COURT: OVERRULED.

CONCLUDE YOUR QUESTION.

BY MR. FELDMAN:

Q: ISN’T IT TRUE, MA’AM, THAT YOU TOLD DETECTIVE LABORE THAT WHILE YOU WERE DANCING SHE CAME UP BEHIND YOU WHEN YOU WERE DANCING AND PUT HER HANDS AROUND YOUR WAIST?

A: AROUND MINE?

Q: YES.

A: IT DOESN’T SAY THAT.

Q: WHAT DOES IT SAY?

A: I WAS TALKING ABOUT DENISE AND BARBARA DANCING.

Q: OH. SO IT WAS DENISE AND BARBARA WHO WERE DANCING, NOT YOU, IS THAT CORRECT?

A: I WAS DANCING, BUT IN THIS STATEMENT I’M TALKING ABOUT DENISE AND BARBARA DANCING.

Q: SO WHEN YOU SAID, QUOTE, OH, WE WERE KIND OF ALL IN A LINE DANCING TOGETHER, SO WE WERE KIND OF ALL HUGGING EACH OTHER, —

A: WHERE ARE YOU?

Q: AT B. V. D.

MR. DUSEK: OBJECTION. IMPROPER IMPEACHMENT.

THE WITNESS: MAYBE I’M IN THE WRONG PLACE. CAN YOU JUST SEE IF I’M IN THE RIGHT PLACE?

THE COURT: JUST A MINUTE.

MR. DUSEK: IT’S NOT INCONSISTENT. NO FOUNDATION.
THE COURT: OVERRULED AT THIS POINT IN TIME.

MAKE THE REFERENCE SO THE WITNESS KNOWS WHERE YOU’RE AT, MR. FELDMAN.

MR. FELDMAN: YES, YOUR HONOR. THANK YOU.

BY MR. FELDMAN:

Q: MA’AM, I’M AT PAGE 49. I’M STAYING RIGHT THERE AT THE TOP WHERE IT SAYS D. H. L., WE STARTED — YOU SAW THE WORD DURING. WHERE IT SAYS B. V. D. AND THE WORD OH STARTS THE SENTENCE, O-H. DO YOU SEE THAT?

MR. DUSEK: THAT’S NOT ON MY PAGE, YOUR HONOR.

THE WITNESS: THAT’S NOT ON MY PAGE.

THE COURT: OKAY. ALL RIGHT. WE WILL FIND OUT WHAT THE PROBLEM IS.

MR. FELDMAN: I GOT A PROBLEM WITH THE TRANSCRIPT. THAT’S WHAT I GOT. EXCUSE ME.

(PAUSE.)
THE WITNESS: IT’S ON 48. I’M SORRY.

(PAUSE.)
MR. FELDMAN: WELL, WE HAVE A LITTLE GLITCH WITH THE TRANSCRIPTS. I’LL CONFESS TO THAT. BUT I CAN SHOW YOU WHERE I’M TALKING ABOUT.

Q: YOU INDICATED WHEN YOU SAID TO DETECTIVE LABORE, OH, WE WERE KIND OF ALL IN A LINE DANCING TOGETHER, SO WE WERE KIND OF ALL HUGGING EACH OTHER. AND THEN THE THREE OF US WOULD GET TOGETHER. BUT THERE WERE MORE PEOPLE JOINING IN.
WHAT DID YOU MEAN TO COMMUNICATE, MA’AM?

A: WE WERE ALL IN A LINE DANCING, LIKE YOU DO THE LINE DANCING WITH THE SHOULDER THING OR YOU HOLD THE WAIST.

Q: AND EARLIER OR LATER ON DIDN’T YOU INDICATE, QUOTE, WE HUGGED FROM THE REAR?

A: IS THAT THE NEXT LINE YOU’RE TALKING ABOUT?

Q: ACTUALLY I WOULD — JUST LET ME TEST YOUR RECOLLECTION, AND THEN IF I NEED TO REFRESH YOUR RECOLLECTION ON THE TRANSCRIPT, I WILL BE HAPPY TO DO THAT. DO YOU WANT TO TRY IT THAT WAY? I WILL ASK YOU WHAT YOUR MEMORY IS, AND THEN I’LL FOCUS YOU ON THE TRANSCRIPT IF THAT HELPS. OKAY?

A: OKAY.

Q: WAS BARBARA THAT EVENING BEING TOUCHY-FEELY OR GRABBY?

A: YES.

Q: DID BARBARA GRAB YOUR BREASTS?

A: NO.

Q: DID SHE TRY TO GRAB YOUR BREASTS?

A: YES.

Q: AND DID YOU INDICATE TO BARBARA THAT YOU DIDN’T APPRECIATE THAT BEHAVIOR PUBLICLY?

A: NO.

Q: YOU HAVE ENGAGED IN BEHAVIOR SIMILAR TO THAT WITH BARBARA PRIVATELY, THOUGH, ISN’T THAT TRUE?

A: YES.

Q: SO SHE WAS TAKING SOMETHING THAT YOU HAD DONE PRIVATELY AND MAKING IT PUBLICLY ON THE DANCE FLOOR AT DAD’S ON THE 25TH OF JANUARY, ISN’T THAT TRUE?

MR. DUSEK: OBJECTION. IRRELEVANT. 352.

THE COURT: SUSTAINED. SUSTAINED.
YOU NEED NOT ANSWER, MA’AM.

BY MR. FELDMAN:

Q: WAS DAD’S PRETTY CROWDED ON THE 25TH OF JANUARY, MA’AM?

A: YES.

Q: SO WAS THERE A LOT OF PEOPLE THAT HAD JOINED IN THIS KIND OF I THINK YOU CALLED IT LINE DANCING?

A: I COULDN’T TELL YOU HOW MANY THERE WERE.

Q: WELL, DID IT SEEM LIKE MUCH OF THE BAR WAS —

A: NO.

Q: — ENGAGED?

A: NO, NOT THE WHOLE BAR.

Q: SOME OF THE BAR?

A: MAYBE TEN, FIFTEEN PEOPLE.

Q: AND THESE WERE TEN OR FIFTEEN PEOPLE WHO YOU HAD NOT MET BEFORE, IS THAT CORRECTA: I KNEW DENISE AND BARBARA.

Q: OTHER THAN DENISE AND BARBARA?

A: NO. I DID NOT KNOW THE REST OF THEM.

Q: DO YOU RECALL WHETHER OR NOT DAVID WESTERFIELD WAS A PARTICIPANT IN THAT LINE DANCING?

A: I DO NOT RECALL.

Q: AND BY YOUR ANSWER DO YOU MEAN TO COMMUNICATE YOU’RE NOT SURE WHETHER IT HAPPENED OR IT DID NOT HAPPEN?

A: I DON’T REMEMBER IF IT HAPPENED.

Q: BUT DO YOU RECALL THAT MR. WESTERFIELD WAS PRESENT THAT NIGHT, CORRECT?

A: YES, HE WAS.

Q: NOW, WAS IT THAT NIGHT THAT HE OFFERED TO BUY YOU DRINKS?

A: YES.

Q: AND DID YOU ACCEPT DRINKS?

A: YES.

Q: AND HOW MANY DRINKS DID HE BUY YOU?

A: I DO NOT KNOW.Q: WELL, YOU TOLD US YOU HAD I THINK THREE OR FOUR VODKAS, IS THAT RIGHT? YOU’RE NOT —

A: I THINK MAYBE HE BOUGHT ONE.

Q: AND DID HE BUY DRINKS FOR THE OTHER LADIES?

A: YES.

Q: AND MR. WESTERFIELD WAS BEING APPROPRIATE, WAS HE NOT?

MR. DUSEK: OBJECTION. VAGUE AS TO WHAT APPROPRIATE IS.

THE COURT: SUSTAINED.

BY MR. FELDMAN:

Q: HE WAS BEING POLITE, WAS HE NOT?

A: I DIDN’T HAVE MUCH CONTACT WITH HIM, BUT THE CONTACT I DID, YES.

Q: AND HE WAS BEING SOCIABLE IN THAT CONTACT THAT YOU HAD WITH HIM, CORRECT?

A: YES.

Q: THAT EVENING ISN’T IT TRUE THAT DENISE WAS SEXUALLY DANCING WITH A WOMAN?

A: YES.

Q: AND IS IT THE CASE THAT DENISE AND BARBARA WERE RUBBING THEIR BODIES TOGETHER?

MR. DUSEK: OBJECTION. RELEVANCY ON THIS DATE.

THE COURT: SUSTAINED. SUSTAINED.

MR. FELDMAN: ON RELEVANCE, YOUR HONOR?

THE COURT: YES.

MR. FELDMAN: ALL RIGHT.

BY MR. FELDMAN:

Q: LATER ON THE WEEK YOU TOLD US THAT MR. WESTERFIELD HAD ASKED YOU WHY YOU DID NOT INTRODUCE HIM TO YOUR FRIENDS THAT EVENING. DO YOU RECALL THAT WAS YOUR TESTIMONY?

A: YES.

Q: ISN’T IT TRUE THAT ON THE 25TH YOU TOLD BARBARA AND DENISE, YOU GUYS, YOU’RE PROBABLY MAKING EVERYBODY IN THIS PLACE EXCITED, END QUOTE?

MR. DUSEK: OBJECTION. RELEVANCY ON THAT DATE.

THE COURT: OVERRULED.

YOU MAY ANSWER YES OR NO.

THE WITNESS: YES.

BY MR. FELDMAN:

Q: AND ISN’T IT TRUE DETECTIVE LABORE ASKED TO CLARIFY EXCITED BY ASKING YOU THE WORD HORNY, AND YOU ANSWERED YES?

A: YES.

Q: AND YOU INDICATED TO YOUR FRIENDS THAT EVENING THAT YOU SAID THE WORDS MORE OR LESS YOU PROBABLY REALIZE THAT EVERY MAN IN THIS BAR IS PROBABLY PAYING ATTENTION TO YOU. RIGHT?

A: YES.

Q: WHEN YOU GOT HOME THAT EVENING, DID YOU TELL YOUR HUSBAND DAMON ABOUT THE WOMEN’S BEHAVIOR?

MR. DUSEK: OBJECTION. RELEVANCY. HEARSAY.

THE COURT: OVERRULED.

YOU CAN ANSWER THAT YES OR NO.

THE WITNESS: TO BE HONEST WITH YOU, I DON’T RECALL. I DON’T KNOW IF I TOLD DAMON.

BY MR. FELDMAN:

Q: AND YOU TOLD US THE BAR IS, I DON’T KNOW, I THINK YOU TOLD US 2.3 MILES AND FOUR MINUTES, SOMETHING LIKE THAT, FROM YOUR HOUSE. IS THAT RIGHT, MA’AM?

A: YES.

Q: AND DO YOU RECALL ON THE 25TH HOW DID YOU GET HOME?

A: DENISE. NO. I DROVE THAT EVENING.

Q: ARE YOU NOT SURE?

A: I DROVE THAT EVENING.

Q: MY QUESTION IS: ARE YOU NOT SURE?

A: I’M POSITIVE.

Q: ALL RIGHT.

WHEN YOU MENTIONED DENISE, WHAT WERE YOU THINKING OF JUST THEN?

A: DENISE DROVE THE NIGHT WE WENT TO CERAMIC CAFE.

Q: THAT WAS ON THE EARLIER OCCASION, IS THAT CORRECT, MA’AM?

A: YES.

Q: ON BOTH THE EVENINGS OF THE 25TH AND THE EVENING OF THE 1ST OF FEBRUARY, BOTH BARBARA AND DENISE WERE AT YOUR HOUSE, THAT’S CORRECT, ISN’T IT?

A: YES.

Q: AND WITH REGARD TO EACH OF THOSE WOMEN, BOTH YOU AND YOUR HUSBAND HAD ENGAGED IN SEXUAL RELATIONS WITH THEM AND THEIR MALE PARTNERS, ISN’T THAT TRUE?

MR. DUSEK: OBJECTION. BEYOND THE SCOPE, YOUR HONOR.

THE COURT: AT THIS POINT IT IS, BUT SHE CAN BE RECALLED.
WHY DON’T YOU APPROACH THE BENCH, BOTH OF YOU.

MR. FELDMAN: YES, YOUR HONOR.

THE COURT: BOB.

(SIDEBAR DISCUSSION, OUT OF THE HEARING OF THE JURY,
AS FOLLOWS:

PROCEEDINGS NOT PART OF THE PUBLIC RECORD.

(END OF SIDEBAR DISCUSSION.)
MR. FELDMAN: COULD I PLEASE HAVE THE QUESTION READ BACK?

THE COURT: OKAY.

BOB.

(THE FOLLOWING WAS READ BY THE REPORTER:

“Q: AND WITH REGARD TO EACH OF THOSE WOMEN, BOTH YOU
AND YOUR HUSBAND HAD ENGAGED IN SEXUAL RELATIONS WITH
THEM AND THEIR MALE PARTNERS, ISN’T THAT TRUE?”)
THE WITNESS: YES.

BY MR. FELDMAN:

Q: I WOULD LIKE TO DIRECT YOUR ATTENTION NOW TO THE WEEK FOLLOWING JANUARY THE 25TH. OKAY?

A: YES.

Q: IN THAT WEEK YOU TOLD US THERE WAS SOME KIND OF GIRL SCOUT COOKIE SALE. IS THAT RIGHT?

A: YES.

Q: AND YOU WERE GOING DOOR TO DOOR I GUESS WITHIN YOUR NEIGHBORHOOD TO YOUR NEIGHBORS’ HOUSES TO PURCHASE OR, RATHER, TO SELL COOKIES, IS THAT RIGHT?

A: YES.

Q: ONE DAY THAT WEEK YOU WENT TO MR. WESTERFIELD’S HOUSE, ISN’T THAT CORRECT?

A: I ONLY SOLD COOKIES ONE DAY. THAT’S CORRECT.

Q: AND YOU TOLD US TODAY THAT SOMETHING HAPPENED THAT CAUSED YOU TO FORM THE OPINION THAT IT WAS TUESDAY OF THAT WEEK. DO YOU RECALL THAT ON DIRECT EXAMINATION?

A: YES.

Q: PREVIOUSLY YOU’VE TESTIFIED, HAVE YOU NOT, THAT YOU WEREN’T SURE WHAT DAY OF THE WEEK IT WAS THAT YOU ACTUALLY WENT TO MR. WESTERFIELD’S RESIDENCE?

A: YES.

Q: YOUR PRIOR TESTIMONY WAS GIVEN AT A TIME WHEN THE EVENTS WERE FRESHER IN YOUR MIND THAN THEY ARE TODAY, IS THAT CORRECT?

A: YES.

Q: ARE YOU TELLING US, THEN, TODAY THAT IN YOUR VIEW YOUR TESTIMONY HAS CHANGED FROM THE TIME OF THE PRELIMINARY HEARING TO TODAY CONCERNING THE DATE YOU WENT TO MR. WESTERFIELD’S RESIDENCE?

A: CAN YOU REPEAT THE QUESTION?

Q: ARE YOU TELLING US TODAY THAT YOUR TESTIMONY HAS CHANGED FROM TODAY UNDER OATH AND THE DATE YOU TESTIFIED UNDER OATH AT PRELIMINARY HEARING CONCERNING THE SUBJECT MATTER OF THE DATE YOU WENT TO MR. WESTERFIELD’S HOUSE IN THE WEEK BETWEEN 1/25 AND 2/1?

A: YES. I REMEMBER THE DATE.

Q: SO — BUT THE QUESTION IS: ARE YOU TELLING ME, THEN, YOUR TESTIMONY ON THE SUBJECT OR ARE YOU ADMITTING THAT —

MR. DUSEK: ASKED AND ANSWERED.

BY MR. FELDMAN:

Q: — THAT YOUR TESTIMONY ON THE SUBJECT HAS CHANGED?

THE COURT: IT’S BEEN ASKED AND ANSWERED. SUSTAINED.

BY MR. FELDMAN:

Q: WHAT, IF ANYTHING, WAS PRESENTED TO YOU THAT CAUSED YOU TO CHANGE YOUR OPINION AS TO THE DATE?

A: ME JUST GOING OVER THE CONVERSATION THAT TOOK PLACE WITH MR. WESTERFIELD THE NIGHT OR THE EVENING OF SELLING COOKIES.

Q: WHEN YOU SAY ME JUST GOING OVER, WHAT DO YOU MEAN TO COMMUNICATE? YOU’VE THOUGHT THROUGH IT A NUMBER OF TIMES?

A: I TRIED TO REMEMBER IT MORE, YES.

Q: ALL RIGHT.

AND WHAT HAVE YOU DONE TO ASSIST YOURSELF IN TRYING TO REMEMBER IT MORE?

A: JUST THOUGHT ABOUT WHAT WE TALKED ABOUT MORE.

Q: SO DO YOU FEEL THAT THE MORE YOU THINK ABOUT A SUBJECT THE MORE YOU ARE ABLE TO ACCURATELY RECOLLECT IT?

A: YES.

Q: AND IS IT YOUR TESTIMONY TODAY THAT IT’S YOUR BEST OPINION THAT IT WAS TUESDAY OF THAT WEEK THAT YOU WERE SELLING COOKIES TO MR. WESTERFIELD?

A: YES.

Q: PART OF THE PROCESS OF SELLING GIRL SCOUT COOKIES INVOLVES FILLING OUT FORMS, IS THAT RIGHT?

A: YES.

Q: I WOULD LIKE TO DIRECT YOUR ATTENTION TO WHAT’S BEEN PREVIOUSLY MARKED . . .

Q: BEHIND YOU NOW I’VE GOT MR. WESTERFIELD’S RESIDENCE UP. I GUESS MY FIRST QUESTION IS: IS THIS THE CABINETRY OR THE CORIAN TOPS THAT ATTRACTED YOUR ATTENTION?

A: YES.

Q: AND ARE THESE THE I GUESS THE CABINET PORTIONS THAT ATTRACTED YOUR ATTENTION?

A: YES.

THE COURT: MR. FELDMAN, RECORD.

MR. FELDMAN: I’M SORRY. THANK YOU.

BY MR. FELDMAN:

Q: WHEN I REFERRED TO THIS AND CIRCLED, I WAS POINTING TO EXHIBIT D OF — I’M SORRY — D OF EXHIBIT 29. IS THAT RIGHT? IS THAT WHAT YOU WERE ANSWERING ME ABOUT, MA’AM, JUST THE PHOTO AND THE IDENTIFICATION NUMBER?

A: YES.

Q: AND WHEN I POINTED TO ANOTHER AREA AND ANOTHER PHOTOGRAPH, I DON’T SEE THE E ON IT, —

THE COURT: LOOKS LIKE THE E HAS FALLEN OFF.

MR. FELDMAN: IT DOES.

BY MR. FELDMAN:

Q: BUT IT’S THE PHOTO IMMEDIATELY TO THE RIGHT OF D ON 29, CORRECT?

A: YES.

Q: NOW I WOULD LIKE TO DIRECT YOUR ATTENTION TO C OR A. LET’S TRY A. I’M POINTING TO WHAT APPEARS TO BE A DOOR AT A. DO YOU SEE THAT, MA’AM?

A: YES.

Q: IS THAT THE DOOR YOUR CHILDREN WENT OUT?

A: IS THE KITCHEN RIGHT BESIDE IT?

Q: WELL, I’M ASKING YOU, MA’AM.

A: YES.

Q: SO THE KIDS WENT OUT THE DOOR AND APPARENTLY THERE’S A POOL. I WILL SEE IF I CAN SCROUNGE UP ANOTHER PHOTOGRAPH, AND I’M USING PHOTOGRAPH A TO ARTICULATE THAT. CORRECT?

A: YES.

MR. FELDMAN: IT’S NOT HIDE AND SEEK, YOUR HONOR; IT’S JUST THE LAWYER’S INABILITY TO LOCATE THE EXHIBITS.

MR. DUSEK: IT’S A LITTLE ONE.

MR. FELDMAN: THANK YOU. THE MORE HELP THE MERRIER.
AHH. THANK YOU, COUNSEL.

Q: DO THESE PHOTOGRAPHS APPEAR TO ACCURATELY DEPICT THE CONDITION OF MR. WESTERFIELD’S BACKYARD ON OR ABOUT THE TUESDAY BETWEEN THE 25TH AND THE 1ST?

A: YES.

Q: AND WHEN YOU MENTIONED THAT YOUR CHILDREN WERE INTERESTED IN THE POOL, WE SEE IN 28-C THE POOL. DO WE NOT?

A: YES.

Q: AND IS THAT THE POOL TO WHICH YOU WERE MAKING REFERENCE?

(MR. BOYCE SECURED THE EXHIBIT.)
MR. FELDMAN: I NEEDED THE HELP.

BY MR. FELDMAN:

Q: SIMILARLY WE SEE IN 28-D IT APPEARS TO BE ANOTHER ANGLE OF THE SAME POOL, IS THAT RIGHT?

A: YES.

Q: AND THIS IS THE BACKYARD AREA IN WHICH YOUR KIDS PLAYED, IS THAT RIGHT?

A: THEY DIDN’T PLAY.

Q: THEY REMAINED OUTSIDE?

A: FOR A FEW MINUTES. THEY LOOKED AT THE POOL.

Q: OKAY.

SO THE KIDS WERE OUT FOR A FEW MINUTES WHILE THEY WERE LOOKING AT THE POOL AND YOU WERE TALKING TO MR. WESTERFIELD YOU TOLD US FOR A FEW MINUTES AND YOU WERE IN THE HOUSE FOR FIFTEEN MINUTES. WHAT DID YOU DO IN THE OTHER NINE MINUTES OR SO?

A: I WAS TALKING WITH MR. WESTERFIELD.

Q: WHEN YOUR CHILDREN WERE OUT BACK, DO YOU RECALL WHETHER OR NOT THEY CLOSED THE DOOR?

A: I DON’T RECALL.

Q: SO THEY COULD HAVE BEEN IN THE BACKYARD OR ACCESSING THE GARAGE OR ANY AREA AND YOU WOULDN’T HAVE KNOWN IT, ISN’T THAT TRUE?

A: THAT’S NOT TRUE.Q: BECAUSE?

A: BECAUSE THEY WOULDN’T WANDER OFF. THEY WOULD COME AND ASK ME FIRST.

Q: OKAY.
SO WHAT YOU’RE TELLING US IS YOU DON’T — THEY WERE NOT WITHIN YOUR CONTINUOUS EYESIGHT, CORRECT?

A: BUT I COULD HEAR THEM.

Q: YOU DIDN’T SEE THEM, YOU HEARD THEM, RIGHT?

A: I COULD HEAR THEM IN THE BACKYARD, YES.

Q: AND YOU KNEW THEY WERE IN THE BACKYARD AS OPPOSED TO THE GARAGE BECAUSE HOW?

A: BECAUSE I KNEW WHERE THEY WERE AT. I COULD HEAR THE VOICE COMING FROM THAT DIRECTION.

Q: WHEN YOU SAY THAT DIRECTION, DO YOU KNOW WHETHER OR NOT THERE’S A DOOR WHICH MAY LEAD FROM THE BACKYARD AREA INTO THE GARAGE AREA OF MR. WESTERFIELD’S HOUSE?

A: I WOULD ASSUME THERE MUST BE, BUT THE GARAGE IS IN THE FRONT OF THE HOUSE.

Q: AT YOUR HOUSE CAN YOU GET INTO THE HOUSE FROM THE SIDE YARD?

A: YES.

Q: DO YOU KNOW WHETHER OR NOT YOU CAN GET INTO MR. WESTERFIELD’S HOUSE FROM THE SIDE YARD?

A: I DON’T KNOW.

Q: AT SOME POINT THE KIDS WANTED TO GO UPSTAIRS, ISN’T THAT TRUE?

A: YES.

Q: AND YOU TOLD US ON DIRECT EXAMINATION MR. WESTERFIELD SAID NO PROBLEM. THAT’S WHAT YOU TOLD US ON DIRECT, CORRECT?

A: YES.

Q: BUT YOU ALSO TOLD US ON DIRECT YOU SAID NO, PROBLEM, MEANING NO, COMMA, THERE WAS A PROBLEM, RIGHT?

A: I DID NOT WANT DYLAN GOING UPSTAIRS.

Q: LATER IN THAT SAME CONVERSATION THE SUBJECT MATTER OF “IN CAHOOTS” CAME UP, ISN’T THAT CORRECT?

A: WHILE WE WERE OUT FRONT IT DID.

Q: WAS THAT A DIFFERENT CONVERSATION?

A: WE WALKED TO THE DOOR, AND HE WALKED OUT FRONT, AND HE STARTED TALKING ABOUT “IN CAHOOTS” WHEN THE KIDS WERE PLAYING.

Q: ALL RIGHT.

DID YOU UNDERSTAND AT LEAST FROM MR. WESTERFIELD THAT “IN CAHOOTS” WAS REALLY A COWBOY BAR?

A: HE SAID DON’T FORGET TO WEAR YOUR BOOTS TO “IN CAHOOTS.” I HAD NO IDEA WHAT IT WAS.

Q: DOES DAD’S FAVOR COUNTRY MUSIC AS OPPOSED TO WE WILL SAY ROCK AND ROLL?

A: NO, NOT THAT I KNOW OF.

Q: WHEN YOU SAID NO, I DIDN’T LIKE THE WAY — MY QUESTION WASN’T GOOD.

WHAT KIND OF MUSIC DO THEY PLAY AT DAD’S?

A: THE NIGHTS I WAS THERE THE BANDS PLAYED EIGHTIES MUSIC.

Q: AND WAS KEITH STONE A MEMBER OF ONE OF THE BANDS?

A: NO.

Q: DOES HE HAVE A RELATIVE THAT’S A MEMBER OF ONE OF THE BANDS?

A: HE HAD A FRIEND.

Q: WHO WAS IN THE BAND THAT PLAYED ON BOTH THE 25TH AND THE 1ST?

A: I ONLY KNOW OF THE 1ST.

(DISCUSSION OFF THE RECORD BETWEEN MR. FELDMAN
AND MR. BOYCE.)
BY MR. FELDMAN:

Q: WHEN YOU WENT OUTSIDE ON THE DAY OF THE COOKIE PURCHASE, WERE YOUR CHILDREN OUTSIDE SPREADING ROCKS AROUND THE NEIGHBOR’S?

A: NO. THEY WERE ON THE PILE OF ROCKS AND THE ROCKS WERE FALLING DOWN A LITTLE BIT OFF THE PILE, AND I ASKED THEM TO STOP.

Q: WAS THAT AT MR. WESTERFIELD’S HOUSE OR WAS THAT AT SOMEONE ELSE’S HOUSE?

A: IT WAS THE NEXT-DOOR NEIGHBOR’S DRIVEWAY.Q: OKAY.

AND WAS ALL THAT DONE WITHIN YOUR SIGHT?

A: YES.

Q: AND WHEN WAS IT THAT MR. WESTERFIELD ASKED YOU AND YOU GAVE TO HIM — I’M TRYING TO FIND THE EXHIBIT — YOUR HANDWRITTEN PHONE NUMBER AND YOUR HUSBAND’S PHONE NUMBER? LET ME DIRECT YOUR ATTENTION, MA’AM, TO WHAT’S BEEN PREVIOUSLY MARKED AS 35. EXHIBIT 35 I HAVE JUST REMOVED FROM THIS ENVELOPE HAS A PEN, TOO. IT SAYS NOTES, PRUDENTIAL, BUT IT SAYS DAMON AND BRENDA, AND THEN THERE’S A PHONE NUMBER, IS THAT RIGHT?

A: YES.

Q: IS THAT MR. WESTERFIELD’S HANDWRITING?

A: NO.

Q: WHOSE HANDWRITING IS IT?

A: MINE.

Q: AND YOU GAVE MR. WESTERFIELD YOUR HOME — THIS IS YOUR HOME NUMBER, RIGHT?

A: YES.

Q: AND IT WASN’T RELATED TO A BUSINESS COMMUNICATION YOU HAD WITH HIM, WAS IT?

A: NO.

Q: SO YOU GAVE MR. WESTERFIELD YOUR HOME NUMBER, IS THAT RIGHT?

A: YES.

Q: BECAUSE?

A: HE ASKED FOR IT. HE GAVE ME ONE OF HIS BUSINESS CARDS.

Q: AND THE TWO OF YOU WERE TALKING ABOUT GOING TO DAD’S THE NEXT FRIDAY, ISN’T THAT TRUE?

A: I HAD MENTIONED THAT I MIGHT BE THERE.

Q: AND HE MENTIONED THAT HE MIGHT BE THERE, ISN’T THAT TRUE?

A: HE SAID THAT HE WANTED TO MEET MY FRIEND BARBARA AND THAT HE WAS GOING TO BE AT DAD’S. AND I TOLD HIM THAT I MIGHT BE THERE IF I COULD GET A BABYSITTER.

Q: OKAY.

SO YOU HAD A DISCUSSION WITH MR. WESTERFIELD ON WHAT YOUR RECOLLECTION IS THE TUESDAY OF THE WEEK PRECEDING THE 1ST. AND YOU ADVISED HIM AT THAT POINT THAT YOU WERE GOING TO GET A BABYSITTER POTENTIALLY TO ALLOW YOU TO GO TO DAD’S THAT FRIDAY NIGHT, RIGHT?

A: I WAS GOING TO ATTEMPT TO.

Q: AND THAT YOU WERE GOING TO GO TO DAD’S WITH YOUR TWO GIRL FRIENDS WHO HAD BEEN THERE THE PREVIOUS NIGHT.

A: YES.

Q: PREVIOUS FRIDAY.
THE SAME TWO GIRLS WHO HAD DRAWN THE ATTENTION OF MANY OF THE MALES IN THE BAR ACCORDING TO YOU, ISN’T THAT TRUE?

A: YES.

Q: THE SAME TWO GIRLS WHO YOU DID NOT TELL THE POLICE HAD BEEN UPSTAIRS IN YOUR HOUSE ON THE 1ST OF FEBRUARY, CORRECT?

A: DENISE WAS NEVER — CAN YOU REPEAT THE QUESTION? IT’S VERY VAGUE.

Q: WHAT TIME WAS IT ON THE 1ST OF FEBRUARY THAT THE WOMEN ARRIVED AT YOUR HOUSE, MA’AM?

A: IT WAS APPROXIMATELY 8:15.

Q: BEFORE THE WOMEN HAD ARRIVED AT YOUR HOUSE, YOU HAD GONE SHOPPING AT MERVYN’S, ISN’T THAT TRUE?

A: YES.

Q: AND AT THE SAME TIME AS YOU WENT SHOPPING AT MERVYN’S, YOU HAD TAKEN DANIELLE TO GO SHOPPING AT MERVYN’S, THAT’S TRUE, ISN’T IT?

A: YES.

Q: AND YOU HAD TAKEN THE BOYS TO GO SHOPPING ALSO, ISN’T THAT TRUE?

A: YES.

Q: WHERE WERE THE BOYS SHOPPING?

A: DANIELLE AND I WERE LOOKING AT CLOTHES AT MERVYN’S, AND THE BOYS WANTED TO RUN NEXT DOOR TO TOY DEPOT.

Q: IS THIS IN A SHOPPING CENTER, MA’AM?

A: YES.

Q: WHAT SHOPPING CENTER?

A: IT’S A — IN CARMEL MOUNTAIN.

Q: A LARGE SHOPPING CENTER?

A: IT’S A STRIP MALL.Q: ALL RIGHT.

SO YOU WENT TO MERVYN’S AND DANIELLE WAS TRYING ON CLOTHES, AND THE BOYS WERE NEXT DOOR DOING SOMETHING ELSE, IS THAT CORRECT?

A: YES. FOR A FEW MINUTES.

Q: AND YOU WERE HELPING DANIELLE TRY ON CLOTHES, IS THAT RIGHT?

A: YES.

Q: AND THEN YOU LEFT HER ALONE, DIDN’T YOU?

A: YES.

Q: AND YOU LEFT HER ALONE AND THEN YOU WENT SOME PLACE ELSE, IS THAT RIGHT?

A: I TOLD HER TO STAY IN THE DRESSING ROOM UNTIL I GOT BACK, AND THAT I WAS GOING TO GO PAY FOR THE BOYS’ PURCHASE. DYLAN WAS GETTING A BIRTHDAY PRESENT. AND I RAN OVER AND GRABBED IT AND CAME BACK.

Q: YOU TOLD US ABOUT — I THINK YOU TOLD US ABOUT TWO ON DIRECT EXAMINATION. ONE WAS FOR THE PASSPORT PICTURE.

A: YES.

Q: AND I THINK YOU MENTIONED SEPTEMBER. WHEN PREVIOUS TO SEPTEMBER, MA’AM?

A: PROBABLY JUNE.

Q: DO YOU HAVE ANY PICTURES OF HER AS SHE APPEARED IN JUNE?

A: SHE ONLY GOT A VERY LITTLE TRIMMED OFF HER HAIR SO HER HAIR WAS GROWING LONG. SHE WAS LETTING IT GROW OUT. THERE WAS NEVER A REAL HAIRCUT.

Q: WELL, THERE WAS A TRIM, RIGHT?

A: TINY, QUARTER-OF-AN-INCH TRIM EACH TIME.

Q: OKAY.

SO HOW LONG WAS HER HAIR IN JUNE, IF YOU KNOW?

A: IN JUNE?

Q: YES.

A: PROBABLY — PROBABLY TO THE NEAR THE MIDDLE PART OF HER BACK.

Q: SAME AS IN SEPTEMBER?

A: IT WAS A LITTLE BIT LONGER IN SEPTEMBER.

Q: AND THE SEPTEMBER PHOTO, IS THAT ONE OF THE PHOTOS THAT MR. DUSEK SHOWED YOU?

A: THAT’S A SEPTEMBER PHOTO.

(DISCUSSION OFF THE RECORD BETWEEN MR. FELDMAN
AND MR. BOYCE.)
BY MR. FELDMAN:

Q: I WANT TO REDIRECT, CHANGING BACK. ON THE DATE OF THE COOKIE SALE, AS PART OF THE CONVERSATION THAT OCCURRED BETWEEN YOU AND MR. WESTERFIELD, MR. WESTERFIELD WAS DISCUSSING WITH YOU HIS INTEREST IN YOUR FRIENDS, ISN’T THAT RIGHT?

A: YES.

Q: AND YOU INDICATED TO MR. WESTERFIELD THAT DENISE WAS LIKE TWENTY-SIX YEARS OLD, ISN’T THAT RIGHT?

A: YES.

Q: AND MR. WESTERFIELD SAID THAT’S TOO YOUNG FOR ME, WHAT ABOUT THE TALL ONE, ISN’T THAT RIGHT?

A: YES.

Q: WHO WAS THE TALL ONE?

A: BARBARA.Q: HOW OLD’S BARBARA?

A: I HAVE NO IDEA.

Q: IS SHE OLDER THAN TWENTY-SIX?

A: YES.

Q: IS SHE OLDER THAN THIRTY-SIX?

A: YES.

Q: AND IT WAS AFTER THAT COMMUNICATION THAT MR. WESTERFIELD ASKED YOU WHY DIDN’T YOU INTRODUCE ME TO HER, AND YOU SAID, WELL, I DIDN’T KNOW YOUR NAME, YOU SAID I DIDN’T KNOW YOUR FIRST NAME, ISN’T THAT CORRECT?

A: YES.

Q: AND IT WAS AT THAT POINT HE SAID DAVE WESTERFIELD AND GAVE YOU THE SPECTRUM BUSINESS CARD, IS THAT RIGHT?

A: YES.

(DISCUSSION OFF THE RECORD BETWEEN MR. FELDMAN
AND MR. BOYCE.)
BY MR. FELDMAN:

Q: IN THE COURSE OF THAT COMMUNICATION WITH MR. WESTERFIELD, I’M STILL SITTING ON THE SAME DAY OF THE COOKIE SALE, THE SUBJECT MATTER OF MR. WESTERFIELD HAVING PARTIES CAME UP, DIDN’T IT?

A: YES.

Q: AND MR. WESTERFIELD, YOU LATER TOLD POLICE, SAID THAT HE HAD ADULT PARTIES, ISN’T THAT CORRECT?

A: ADULT — YES.

Q: AT PRELIMINARY HEARING I ASKED YOU THE SAME QUESTION, DIDN’T I?

A: I DON’T RECALL.

Q: DIDN’T YOU TELL US YOU REVIEWED THE TRANSCRIPTS OF PRELIMINARY HEARING BEFORE COMING TO COURT, MA’AMA: YES, I DID.

Q: AND AT PRELIMINARY HEARING WASN’T THAT THE FIRST TIME IT WAS SUGGESTED TO YOU THAT THE ADULT PARTIES MR. —

MR. DUSEK: OBJECTION, YOUR HONOR.

MAY WE APPROACH THE BENCH?

THE COURT: CERTAINLY.

BOB.

(SIDEBAR DISCUSSION, OUT OF THE HEARING OF THE JURY,
AS FOLLOWS:

PROCEEDINGS NOT PART OF THE PUBLIC RECORD.

(END OF SIDEBAR DISCUSSION.)
(DISCUSSION OFF THE RECORD AMONG THE DEFENSE.)
BY MR. FELDMAN:

Q: WHEN MR. WESTERFIELD MENTIONED THAT HE HAD ADULT PARTIES, IN POINT OF FACT THAT MEANT SOMETHING IN PARTICULAR TO YOU, ISN’T THAT RIGHT?

MR. DUSEK: OBJECTION. CALLS FOR SPECULATION.

THE COURT: OVERRULED.

YOU CAN ANSWER THAT YES OR NO ONLY, MA’AM.

THE WITNESS: WILL YOU REPEAT THE QUESTION?

MR. FELDMAN: PLEASE.

THE COURT: BOB.

(THE FOLLOWING WAS READ BY THE REPORTER:

“Q: WHEN MR. WESTERFIELD MENTIONED THAT HE HAD ADULT
PARTIES, IN POINT OF FACT THAT MEANT SOMETHING IN
PARTICULAR TO YOU, ISN’T THAT RIGHT?”)
THE WITNESS: YES.

BY MR. FELDMAN:

Q: DIDN’T NECESSARILY MEAN THE SAME THING TO MR. WESTERFIELD AS IT MEANT TO YOU, DID IT?

MR. DUSEK: OBJECTION. THAT CALLS FOR SPECULATION.

THE COURT: SUSTAINED.

YOU NEED NOT ANSWER.

BY MR. FELDMAN:

Q: AS A RESULT OF THE STATEMENT, YOU CALLED YOUR HUSBAND, DIDN’T YOU?

A: YES.

Q: AND WHAT DID YOU SAY TO YOUR HUSBAND?

MR. DUSEK: RELEVANCY, YOUR HONOR.

THE COURT: LET’S BE MORE SPECIFIC TO AVOID ANY PROBLEMS, MR. FELDMAN.

BY MR. FELDMAN:

Q: DID YOU TELL YOUR HUSBAND THAT MR. WESTERFIELD HAD INVITED YOU TO AN ADULT PARTY?

A: NO.

Q: DID YOU TELL YOUR HUSBAND THAT YOU WERE SURPRISED THAT MR. WESTERFIELD HAD A COMMON INTEREST WITH YOU AND YOUR HUSBAND?

THE COURT: WE HAVE HAD HIM TESTIFY. THE AREA HAS ALREADY BEEN COVERED.

NEXT QUESTION, MR. FELDMAN.

MR. FELDMAN: YES, YOUR HONOR.

BY MR. FELDMAN:

Q: HOW LONG DID YOU TALK TO YOUR HUSBAND IN THAT TELEPHONE CALL AFTER MR. WESTERFIELD MADE THE REMARK THAT HE DID?

A: JUST A COUPLE MINUTES.

Q: I’M SORRY.

AND IT — WAS IT BEFORE OR AFTER MR. WESTERFIELD’S REMARK THAT YOU WROTE OUT YOUR HOME PHONE NUMBER?

A: IT WAS DURING.

Q: ISN’T IT TRUE THAT IT WAS YOUR OPINION THAT MR. WESTERFIELD WOULD MENTION OUT OF THE BLUE A CONVERSATION ABOUT ADULT PARTIES BECAUSE YOUR FRIENDS WERE REALLY LOOSE WITH THE GUYS AT THE BAR THE WEEK BEFORE?

A: CAN YOU REPEAT THAT?

Q: SURE.

ISN’T IT TRUE THAT YOU WERE — ISN’T IT A CORRECT — LET ME WITHDRAW THAT.

IS IT THE CASE THAT YOUR BELIEF AS TO THE REASON MR. WESTERFIELD WOULD OUT OF THE BLUE OFFER TO YOU ANY MENTION OF AN ADULT PARTY, THE REASON FOR THAT MENTION WAS BECAUSE OF THE BEHAVIOR OF YOUR FRIENDS AT THE BAR THE WEEK PRECEDING?

A: I’M NOT — I DON’T UNDERSTAND THE QUESTION.Q: LET ME TRY IT A DIFFERENT WAY.

ISN’T IT CORRECT YOU HAVE DESCRIBED THE BEHAVIOR OF BARBARA AND DENISE ON THE 25TH OF JANUARY AS REALLY LOOSE WITH THE GUYS, END QUOTE?

A: YES.

Q: AND ISN’T IT TRUE, THEN, THAT YOUR BELIEF AS TO WHY MR. WESTERFIELD MIGHT HAVE SAID SOMETHING ABOUT HAVING ADULT PARTIES WAS BECAUSE OF YOUR BELIEF THAT YOUR FRIENDS WERE REALLY LOOSE WITH THE GUYS AT THE BAR THE WEEK BEFORE?

MR. DUSEK: SPECULATION ON HER PART AS TO WHAT HE MEANT.

THE COURT: SUSTAINED.

YOU NEED NOT ANSWER, MA’AM.

BY MR. FELDMAN:

Q: BACK TO THE 1ST. OKAY?

AFTER YOU PICKED YOUR SONS UP AND WENT BACK TO MERVYN’S, WHERE DID YOU GO?

A: WE WENT HOME.

Q: APPROXIMATELY WHAT TIME WAS IT?

A: BOY, YOU KNOW, I DON’T KNOW.Q: BEFORE SUNSET?

A: YES.

Q: GETTING TO BE DINNERTIME?

A: YES.

Q: SO YOU DECIDED TO GET PIZZA FOR THE KIDS, RIGHT?

A: FOR THE FAMILY.

Q: YOU WEREN’T PLANNING TO COOK THAT NIGHT, RIGHT?

A: SHOPPING TOOK LONGER THAN I THOUGHT, SO I DECIDED NOT TO COOK.

Q: BUT YOU HAD ALREADY HAD PLANS FOR ANOTHER GIRLS’ NIGHT OUT WITH DENISE AND BARBARA, ISN’T THAT TRUE?

A: YES.

Q: DIDN’T YOU TELL MR. DUSEK ON DIRECT EXAMINATION THAT THE REASON YOU WENT OUT ON THE 25TH WAS BECAUSE DENISE, THAT WAS THE LAST DAY SHE WAS GOING TO BE IN TOWN, SHE WAS GOING TO MOVE OUT OF TOWN, THAT WAS ON THE 25TH, RIGHT?

A: DENISE WAS LEAVING ON THE 3RD. THE REASON I HAD TO GO ON THE 25TH IS BECAUSE MY HUSBAND WAS TAKING OUR OLDEST SON SNOWBOARDING ON THE 1ST. THOSE PLANS CHANGED DURING THE WEEK. AND WHICH GAVE ME THE OPPORTUNITY TO GO.

Q: TWICE, CORRECT?

A: YES.

Q: APPROXIMATELY WHAT TIME DID DAMON COME HOME FROM WORK ON THE 1ST, IF YOU RECALL?

A: I DON’T KNOW EXACT TIME.

Q: BECAUSE YOU WEREN’T HOME, WERE YOU?

A: NO.

Q: WHEN YOU DID GET HOME AND EAT DINNER, WHAT’S THE NEXT THING YOU DID AFTER THAT?

A: WE HAD PIZZA, AND I THINK I GOT CHANGED AND THEN I STARTED CLEANING UP THE KITCHEN.

Q: DID YOU GO UPSTAIRS AND TAKE A SHOWER?

A: I DON’T REMEMBER IF I SHOWERED OR NOT.

Q: FOR THE LIMITED PURPOSE OF REFRESHING YOUR RECOLLECTION, I THINK YOUR HUSBAND TESTIFIED YOU DID TAKE A SHOWER. DOES THAT REFRESH YOUR MEMORY AS TO WHETHER YOU TOOK A SHOWER?

A: YOU KNOW, IT DOESN’T.

Q: OKAY.

ABOUT WHAT TIME DID THE OTHER GIRLS SHOW UP, THEN?

A: ABOUT 8:15.

Q: WHEN THEY SHOWED UP, COULD YOU TELL WHETHER OR NOT THEY HAD BEEN DRINKING?

A: NO, I COULD NOT.

Q: DO YOU RECALL TELLING AN OFFICER THAT IT APPEARED TO YOU AS THOUGH THEY WERE FAIRLY TUNED OR TOASTED IN YOUR WORD?

A: NOT AT THAT POINT IN THE NIGHT, NO, THEY WEREN’T.

Q: OKAY.
SO YOU THINK THEY WERE SOBER AT LEAST WHEN THEY SHOWED UP AT YOUR HOUSE ON THE 1ST?

A: YES.

Q: THEN DID YOU OFFER THEM ANY ALCOHOL OR DID THEY HELP THEMSELVES TO SOME ALCOHOL IN YOUR HOUSE?

A: THEY SHARED A BEER.

Q: HOW DO YOU KNOW THAT THEY SHARED A SINGLE BEER?

A: I SAW THEM DRINKING IT. THEY SAID WE DON’T WANT TO DRINK A WHOLE ONE; WE WILL SHARE ONE.

Q: SO, IN OTHER WORDS, THE THREE OF YOU BY THEN HAD GONE INTO THE GARAGE, IS THAT RIGHT?

A: YES.

Q: AND THE REASON YOU WENT INTO THE GARAGE WAS BECAUSE YOU WERE PLANNING TO SMOKE A JOINT, ISN’T THAT TRUE?

A: YES.

Q: AND YOU HAD THE GARAGE — I GUESS THE LOCK WAS ALTERED IN A PARTICULAR WAY TO MAKE SURE THAT YOU WERE ALLOWED PRIVACY WHEN YOU CHOSE TO ENGAGE IN WHATEVER YOU ENGAGED IN IN THE GARAGE FROM YOUR KIDS.

MR. DUSEK: OBJECTION, YOUR HONOR, TO THE PHRASE OF THE QUESTION, WHATEVER YOU ENGAGED IN.

THE COURT: SUSTAINED.

REPHRASE IT. BE SPECIFIC.

BY MR. FELDMAN:

Q: YOU LOCKED THE DOOR TO CONCEAL YOUR ILLEGAL ACTIVITIES FROM YOUR CHILDREN, ISN’T THAT TRUE?

MR. DUSEK: OBJECTION. ARGUMENTATIVE.

THE COURT: OVERRULED.
YOU CAN ANSWER.

THE WITNESS: YES.

BY MR. FELDMAN:

Q: DID YOU PARTICIPATE IN DRINKING ANY ALCOHOL IN THE GARAGE BEFORE YOU WENT TO DAD’S THAT EVENING?

A: NO.

Q: YOU DID SMOKE MARIJUANA, THOUGH, DIDN’T YOU?

A: YES.

Q: APPROXIMATELY HOW MUCH TIME WERE YOU IN THE GARAGE SMOKING MARIJUANA BEFORE DAMON CAME IN?

A: APPROXIMATELY THREE MINUTES.

Q: AND WHEN DAMON CAME IN, WHAT, IF ANYTHING, DID DAMON DO?

A: HE SMOKED.

Q: SO THE FOUR OF YOU BASICALLY WENT OUT IN THE GARAGE AND GOT HIGH TOGETHER, IS THAT A FAIR STATEMENT?

A: YES.

Q: AND THEN DAMON LEFT THE GARAGE, LEAVING YOU AND THE OTHER TWO FEMALES IN THE GARAGE, IS THAT RIGHT?

A: YES.

Q: NOW, DO YOU RECALL ANYTHING ABOUT ANYBODY OPENING A GARAGE DOOR TO LET THE SMOKE OUT?

A: YES.

Q: PLEASE TELL ME ABOUT THAT. EXPLAIN THAT, PLEASE.

A: THE GARAGE DOOR WAS OPENED A LITTLE BIT TO LET THE SMOKE OUT.

Q: IN EXHIBIT 14 CAN YOU SEE THE GARAGE DOOR IN ANY OF THE PHOTOS?

A: NO.Q: ON WHICH SIDE OF THE HOUSE IS THE GARAGE DOOR?

A: IF YOU’RE LOOKING AT THE HOUSE?

Q: AS WE LOOK IN EITHER A OR B, MA’AM, YES, PLEASE.

A: THE LEFT SIDE.

Q: OKAY.

SO IF WE LOOK AT PHOTOGRAPH A ON 14, YOU SAID THE LEFT SIDE, AM I POINTING TO THE RIGHT AREA, MA’AM?

A: YES.

Q: AND I’M NOW DIRECTING YOUR ATTENTION TO WHAT’S BEEN PREVIOUSLY MARKED 18, AND MORE SPECIFICALLY G, IS THIS THE GARAGE DOOR THAT WAS OPEN, MA’AM?

A: YES.

Q: DO YOU RECALL WHO OPENED IT?

A: NO.

Q: DOES THIS GARAGE DOOR, WHERE DOES IT LEAD TO?

A: OUR SIDE YARD.

Q: AND WHERE DOES THE SIDE YARD LEAD TO?

A: THERE’S A GATE THAT LEADS TO THE OUTSIDE, AND THEN THE BACKYARD.

Q: DIRECTING YOUR ATTENTION TO 24-A. IS THIS I GUESS A VIEW OF THE GARAGE DOOR FROM THE SIDE YARD THAT YOU JUST DESCRIBED?

A: YES.

Q: AND B APPEARS TO BE A TRASH CAN. ARE WE LOOKING INTO THE GARAGE IN B?

A: YES.

Q: THERE APPEARS TO BE SOME RED STUFF THAT I’M CIRCLING IN B-24, AND WE SEE APPARENTLY SOME MORE OF THE RED STUFF WITH AN A BY IT IN C OF 24. IS THIS LAYLA’S BLOOD IS THAT WHAT YOU WERE TALKING ABOUT?

A: I HAVE NO IDEA WHAT THAT IS.

Q: SO WE DON’T KNOW WHAT — THIS IS NOT — EARLIER ON DIRECT YOU WERE ASKED A QUESTION ABOUT LAYLA BLEEDING. THIS IS NOT THE AREA IN WHICH YOU WERE MAKING REFERENCE?

A: NO.

Q: DID LAYLA EVER BLEED ON A BEANBAG CHAIR?

A: NOT THAT I KNOW OF.

Q: DID YOU EVER BLEED ON A BEANBAG CHAIR?

A: NO.

Q: TO YOUR KNOWLEDGE DID — I’M SORRY. SPECIFICALLY DIRECTING YOUR ATTENTION TO 23-J. DID YOU EVER BLEED ON THIS CHAIR, MA’AM?

A: NO.

MR. FELDMAN: YOUR HONOR, COULD WE TAKE A BREAK, PLEASE?

THE COURT: ALL RIGHT.

LADIES AND GENTLEMEN, WE WILL GO AHEAD AND TAKE THE AFTERNOON BREAK A LITTLE BIT EARLY.
PLEASE REMEMBER THE ADMONITION OF THE COURT NOT TO DISCUSS ANY OF THE EVIDENCE OR TESTIMONY AMONG YOURSELVES OR WITH ANY OTHER PERSONS.